Man crushed under car in Adelaide – Is this a “motor vehicle accident”?

When you see the words ‘motor vehicle accident’, most people would think of two cars colliding at an intersection. The reality is that the definition of a motor vehicle accident in the NSW compensation scheme is much wider than that.

In the news last week was a tragic story from Adelaide about a man in his 70s who was killed when the car he was working on rolled forward and crushed him.

In NSW, a motor accident is defined as ‘an incident or accident involving the use or operation of a motor vehicle’ and the phrase ‘use or operation of a motor vehicle’ is further defined to include the ‘maintenance or parking of a motor vehicle’.

If the Adelaide accident had happened in NSW, it is likely it would be found to be a motor accident and, so long as the vehicle was registered and had Greenslip insurance, the family of the driver that died would be entitled to claim the reasonable costs of his funeral expenses. While it may be that the poor man was the one who chocked (or did not chock) the wheels or otherwise ensure his car was safe to work on, the NSW Government’s new motor accident compensation scheme provides certain (limited) statutory benefits for almost all people killed by motor accidents regardless of who was at fault for causing the accident.

If you or anyone you know is injured has been injured in a car accident, then you need the best representation possible as the Government’s new scheme can be complex and difficult to navigate. For more information, and to arrange a free, no-obligation assessment of your claim, please call Stacks Goudkamp on 1800 25 1800, or alternatively make an online enquiry.

Written by Belinda Cassidy.

Belinda Cassidy holds the position of Special Counsel at Stacks Goudkamp. She had previously held the position of Principal Claims Assessor at the State Insurance Regulatory Authority (SIRA) for 18 years, and currently holds an appointment as a Claims Assessor under the Motor Accidents Compensation Act.

For more information about the incident discussed in this blog, please click here.